Sec. 153.613 - Standard conditions.

The following standard conditions are made conditions of every WCF permit, authorization, or approval granted by the Town under this Section 153.600 et seq.:

(A)

The Town may establish a reasonable construction build-out period for WCFs and issued WCF permits may expire due to inactivity as provided for in this Code.

(B)

The WCF permit holder shall also comply with all other applicable requirements of this Code, including but not limited to building codes and provisions related to work in rights-of-way.

(C)

The WCF permit holder shall obtain and maintain all other applicable permits, approvals, and agreements necessary to install and operate the WCF in conformance with federal, state, and local laws, rules and regulations.

(D)

The Town may inspect permitted facilities and property and may enter onto a site to inspect facilities upon reasonable notice to the WCF permit holder. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the Town reserves the right to enter upon the site of the

WCF and to support, disable, or remove those elements of the WCF posing an immediate threat to public health and safety.

(E)

The WCF permit holder shall maintain on file with the Town and onsite at the WCF contact information of all parties responsible for maintenance of the WCF, including without limitation contact information for a representative of the facility operator, representatives of all wireless carriers utilizing the WCF, and representatives of all contractors and subcontractors responsible for maintaining the WCF.

(F)

The WCF permit holder and, if applicable, the private property owner shall defend, indemnify and hold harmless the Town of Woodside, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the Town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the WCF permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form,

tions or proceedings brought against the Town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the Town's approval of the WCF permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form,

whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the WCF permit holder or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors ((i) and (ii) collectively are "actions"). Further, WCF permit holders shall be strictly liable for interference caused by their WCFs with the Town's communications systems. The WCF permit holder shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the Town attributable to the interference ("claims"). In the event the Town becomes aware of any such actions or claims the Town shall promptly notify the WCF permit holder and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the Town shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the Town's defense, and the property owner and/or WCF permit holder (as applicable) shall reimburse Town for any costs and expenses directly and necessarily incurred by the Town in the course of the defense.

(G)

A WCF permit may be terminated if the Town determines that the permit was granted based on false, misleading or incomplete information; if a material provision of the permit is no longer enforceable; or if the permit holder violates a condition of the permit, or modifies the WCF or support structures without permission.

(H)

The WCF permit holder shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project is subject to the provisions of Section 151.55. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a stop work order or administrative citations.

(I)

In addition to all other standard conditions of approval required under this Section 153.613, and to all conditions of approval permitted under state and federal law that the Planning Director may deem appropriate for a specific WCF, all Section 6409(a) modifications, whether granted by the Planning Director under the federal directive in 47 U.S.C. section 1455(a) or deemed granted by the operation of law, shall automatically include all the conditions of approval as follows:

(1)

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, 47 U.S.C. section 1455(a), such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a Section 6409(a) modification, such permit shall automatically expire 12 months from the date of that opinion;

(2)

A Section 6409(a) modification granted or deemed-granted shall not waive and shall not be construed or deemed to waive the Town's standing in a court of competent jurisdiction to challenge 47 U.S.C. section 1455(a) or any Section 6409(a) modification permit issued pursuant to 47 U.S.C. section 1455(a) or this Code.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.614 - Operational regulations.

(A)

All WCFs within the Town shall be designed, maintained, and operated at all times to comply with the provisions of this section and the following other requirements:

(1)

Conditions in any permit or license issued by a local, state, or federal agency, which has jurisdiction over the WCF;

(2)

Rules, regulations, and standards of the state and federal governments and the Town, including without limitation the FCC, the CPUC, and this Code;

(3)

Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property;

(4)

Rules, regulations, and standards of the Town governing underground utilities;

(5)

All other laws, codes, and regulations applicable to a WCF, including the California Environmental Quality Act (CEQA).

(B)

Without limiting the foregoing, all WCFs shall be maintained by the WCF permit holder in good working condition and to the visual standards established at the time of approval over the life of the WCF permit. The WCF and surrounding area shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired by the WCF permit holder as soon as is practicable, and in no instance more than ten calendar days from the time of notification by the Town or after discovery by the WCF permit holder. If landscaping was required, the landscaping must be maintained by the WCF permit holder.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.615 - Modification of a WCF permit.

(A)

The Town may modify a WCF permit when and as necessary to protect public health and safety, or where the WCF permit as issued is no longer enforceable in accordance with its terms.

(B)

A WCF permit holder may modify the permit by seeking either a Section 6409(a) modification or other modification. Modifications other than Section 6409(a) modifications shall be treated the same as new WCF permit applications.

(C)

Applications for modifications shall be reviewed in accordance with the provisions of the Code at the time modification is sought, and not at the time the WCF permit initially issued.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.616 - Revocation of a WCF permit.

(A)

A WCF permit may be revoked if the permit holder is not in compliance with one or more of the permit conditions, if one or more of the permit conditions are not enforceable, or for a failure to comply with any provision of the Code relating to the permit, or relating to the WCF associated with the permit ("default event"). By way of example and not limitation, a refusal to timely remove facilities located in the rights-ofway where required in connection with a public works project would be a default event.

(B)

The Town may revoke a WCF permit only after:

(1)

Written notice of the default event has been provided to the WCF permit holder; and,

(2)

The WCF permit holder has been afforded at least 30 days to cure and comply with its permit, or demonstrate that no default event occurred.

(C)

If the WCF permit holder fails to cure, the Town Council or the Town Council through a designee shall conduct a noticed public hearing where the WCF permit holder shall be afforded an opportunity to speak and be heard and to provide written material prior to the hearing. If the Town Council, after the public hearing, finds that the WCF or the WCF permit holder has violated any law regulating the WCF or has failed to comply with the requirements of this section, the WCF permit, any applicable agreement or any condition of approval the Town Council may revoke the WCF permit.

(D)

Upon revocation, the Town Council may require the removal of the WCF or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the Town.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.617 - Abandonment, removal or relocation of facilities.

(A)

Any WCF permit holder who abandons or discontinues use of a WCF for a continuous period of 90 days shall so notify the Town by certified mail within 30 days after the 90-day period.

(B)

If the Town believes a WCF has been abandoned or discontinued for a continuous period of 90 days, the Town shall send a notice of abandonment or discontinuation to the WCF permit holder stating why the Town believes the WCF to be abandoned or discontinued. Failure of the WCF permit holder to reply to the Town in writing within 30 days after receiving, rejecting, or returning the Town's certified letter shall entitle the Town to make a determination that the WCF is, in fact, abandoned or discontinued.

(C)

Upon declaration of the Town that a WCF located on public property or in the public right-of-way is abandoned or discontinued, the Town may remove the WCF and any supporting structures installed solely

in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area. The Town shall not be required to, but may at its discretion store any removed equipment. The cost of this removal and restoration work and storage, if applicable, shall be paid by the WCF permit holder, who shall be provided with an invoice by the Town. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on any related real or personal property owned by the permit holder, including but not limited to the removed equipment. The Town Clerk shall cause the lien to be recorded with the San Mateo County recorder. No person or entity may apply for a new or renewed permit under this chapter if he/she/it owes any amounts invoiced by the Town under this section.

(D)

Upon declaration of the Town that a WCF located on private property is abandoned or discontinued, the WCF permit holder or owner of the affected real property shall have 90 days from the date of the declaration or a further reasonable time as may be approved by the Planning Director, within which to complete one of the following actions:

(1)

Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

(2)

Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions of this section) and the entity immediately commences use of the WCF; or

(3)

Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.

(E)

If after the 90-day time period none of the required actions in Sections 153.617(D)(1)—(3) has occurred, the Town Council at a noticed public hearing may declare that the WCF is deemed abandoned. The Town shall provide notice of such finding to the WCF permit holder and to the telecom carrier last known to use the WCF and, if applicable, to the owner of the affected private real property, providing 30 days from the date of the notice within which to complete one of the following actions:

(1)

Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

(2)

Transfer the rights to use the WCF to another operator (who shall be subject to all the provisions of this section); or

(3)

Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.

(F)

Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the WCF and any related personal property and any private real property on which the WCF was located for the full amount of the cost of removal, repair, restoration and storage. The Town Clerk shall cause the lien to be recorded with the San Mateo County recorder.

(G)

After adequate written notice to the WCF permit holder, the Town Council may require the relocation, at the WCF permit holder's expense and according to the then-existing standards for WCFs, of any WCF located in the rights-of-way, as necessary for maintenance or reconfiguration of the Town's rights-of-way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the Town.

(H)

If an existing utility pole that hosts a WCF must be replaced, the WCF permit holder shall within 30 days after the installation of the replacement pole either relocate its WCF in the same configuration on the replacement pole, or remove the prior-existing WCF rather than relocate it, and notify the Town of the removal, and surrender its WCF permit for cancellation by the Town.

(I)

If the WCF permit holder fails to relocate or remove the WCF as required by this subsection, the Town may elect to treat the WCF as a nuisance to be abated.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.618 - Transfer of an interest.

A WCF permit holder shall not assign or transfer any interest in its WCF permits without advance written notice to the Town. The notice shall specify the identity of the assignee or transferee of the permit, as well as the assignee or transferee's address, telephone number, name of primary contact person(s), and other applicable contact information, such as an e-mail address or facsimile number. The new assignee or transferee shall comply with all of the WCF's terms and conditions of approval, and shall submit to the Town a written acceptance of the WCF permit's terms and conditions and a written assumption of the obligations thereafter accruing under such permit prior to the date that such assignment or transfer is intended to take effect.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.619 - Exemption for municipal facilities.

WCFs installed or operated at the direction of the Town for the sole use of the Town, regardless of where located in the Town, shall be exempt from this section, but as a matter of policy, shall be designed and located consistent with the design requirements of this section.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.620 - Violations are infractions.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter 153, Section 153.600 et seq. Any person, firm, partnership, or corporation violating any provision herein or failing to comply with any of these requirements will be deemed guilty of an infraction and upon conviction thereof will be punished by fine not exceeding $1,000.00. Each such person, firm, partnership, or corporation will be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted by such person, firm, partnership, or corporation, and will be deemed punishable therefore as provided in this Chapter 153, Section 153.600 et seq.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

Sec. 153.621 - Controlling provisions.

In the event of any inconsistency between the provisions of this Chapter 153, Section 153.600 et seq., and any other provision of the Code, the more specific provision shall control. Without limiting the generality of the foregoing, WCFs shall be governed by the procedures set forth herein and not by the procedures set forth in Chapter 151, except as provided herein.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.

153.700 - SATELLITE ANTENNAS

Sec. 153.701 - Purpose.

The purposes of this subchapter are as follows:

(A)

Regulate the installation of satellite antennas through the Planning Department and building permit process;

(B)

Protect the environment and the health, safety and welfare of the public;

(C)

Protect the public's right to receive information.

(1975 Code, § 9-2.1601) (Ord. 1990-438, effective 10-11-90; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.702 - Findings.

The regulation of the installation of satellite antennas in the Town is necessary aesthetically to protect views, and to preserve the natural rural setting, consistent with the Woodside General Plan. Further, such regulation contributes to promoting the public health and safety by setting standards and procedures to assure safe installation given the potential for high winds and earthquakes in the Town.

(1975 Code, § 9-2.1602) (Ord. 1987-342, effective 2-12-87; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.703 - Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA. A structure which, together with its support, is constructed for the purpose of receiving television and/or radio signals.

SATELLITE ANTENNA. A signal receiving "dish-shaped" antenna, together with its support, the purpose of which is to receive television communications and related signals directly from satellites. Satellite antennas with a diameter of less than one meter or 39 inches are exempt from these regulations.

(1975 Code, § 9-2.1603) (Ord. 1987-342, effective 2-12-87; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.704 - Compliance required.

No satellite antenna or support thereof shall be erected, installed, or placed upon real property or any structure thereon unless in accordance with the rules and regulations of this subchapter.

(1975 Code, § 9-2.1604) (Ord. 1987-342, effective 2-12-87; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.705 - Architectural and Site Review Board reviews.

(A)

The installation of all satellite dishes and antennas shall require the submittal of an application for review and approval by the Planning Director before issuance of a building permit.

(B)

If the application does not comply with all of the standards listed in Section 153.706, or the applicant seeks an exception as described in Section 153.707, then the application shall be submitted to the Architectural and Site Review Board for review and recommendations to the Planning Director.

(C)

The fee for processing an application shall be set by Council resolution. The application shall be in a form required by the Planning Director.

(1975 Code, § 9-2.1605) (Ord. 1990-438, effective 10-11-90; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)